Trade law Part 61

Internet law: Metatags and trade mark infringement (part 1)
Ebersohn
Journal of South African Law
Volume 2003, Number 4 p.622

Bad Faith and the Public Domain: Requiring a Pre-Lawsuit Investigation of Potential Trade Secret Claims
Tait Graves
Virginia Journal of Law & Technology
Volume 8, Issue 3, Fall 2003

Overbroad trade secret allegations threaten important social interests in employee mobility and a robust public domain. This article proposes that courts require trade secret plaintiffs to conduct a pre-lawsuit investigation into the public domain to ascertain whether information is truly secret, or face attorneys’ fees for pursuing a claim based on non-secret information that a reasonable search would have located. This requirement, if widely adopted, would put teeth into the underutilized fee-shifting statutes enacted with the Uniform Trade Secrets Act. Patent law, a useful analogy, requires a pre-lawsuit infringement investigation. With a heightened awareness today of the need to protect the public domain for the important social interests it furthers, it is time that courts follow the lead of patent law and require that would-be trade secrets plaintiffs conduct a pre-lawsuit secrecy investigation. The result would be beneficial for both trade secret plaintiffs and defendants, would reduce many of the common disputes arising during trade secret litigation, and would protect the public interests at stake in trade secret lawsuits.

THE BYRD AMENDMENT BATTLE: AMERICAN TRADE POLITICS AT THE WTO
Claire Hervey
Hastings International and Comparative Law Review
Volume 27, Number 1, Fall 2003 p.131

The Byrd Amendment has been controversial in both domestic U.S. politics and in International trade law since its enactment. In the international sphere, the controversy surrounds its validity under the WTO, the world’s strongest supranational legal regime. In the largest joint dispute resolution action in the history of the WTO, thirty countries challenged the Byrd Amendment as a violation of the ban on governmental subsidies, and won. The U.S. Congress failed to comply with this ruling by its implementation deadline (December 27, 2003) as well as with several other decisions of the WTO, deepening the rift between America and its largest trading partners, and threatening the U.S. economy by creating the specter of authorized economic retaliation in the billions of dollars. America’s non-compliance with WTO decisions, based on domestic political considerations, threatens the international trading system and the legitimacy of its crowning achievement-the Dispute Settlement Understanding. Creative use of authorized sanctions, however, will allow aggrieved trading partners to beat the U.S. at their own political game.

LABOR, ENVIRONMENTAL STANDARDS AND WORLD Trade law
Frank Emmert
U.C. Davis Journal of International Law & Policy
Volume 10, Number 1, Fall 2003 p.75

Potential Legal Barriers to Increasing CMS/FDA Collaboration: The Law of Trade Secrets and Related Considerations
Stanley S. Wang & John J. Smith
Food and Drug Law Journal
Volume 58, Issue 4, 2003 p.613-628

Closer collaboration between the Food and Drug Administration (FDA) and the Centers for Medicare and Medicaid Services (CMS) holds the promise of increased efficiency in moving new medical products into broad clinical application. Such collaboration could involve the exchange of confidential sponsor information between the agencies, allowing coverage determinations to be made in a parallel manner with marketing decisions. Any interagency exchange raises the question of violating trade secrets laws and regulations. This article considers the law of trade secrets as it applies to FDA and CMS, and concludes that this body of law does not pose an insurmountable barrier to increased interagency collaboration.

THE UNITED NATIONS COMMISSION ON International trade law ‘S TRANSPORT LAW PROJECT: AN INTERIM VIEW OF A WORK IN PROGRESS
Michael F. Sturley
Texas International Law Journal
Volume 39, Number 1, Fall 2003 p.65

TRADE REMEDY LITIGATION – CHOICE OF FORUM AND CHOICE OF LAW
Lawrence R. Walders and Neil C. Pratt
St. John’s Journal of Civil Rights and Economic Development
Volume 18, Issue 1, Fall 2003 p.51

Domain Names: Has Trade Mark Law Strayed From Its Path?
Hasan A. Deveci
International Journal of Law & Information Technology
Volume 11, Number 3, Autumn 2003 p.203-225

Special and Differential Treatment in International Trade Law: A Concept in Search of Content
Uché Ewelukwa
North Dakota Law Review
Volume 79, Number 4, 2003 p.831

Author: international

Mentioned in these Entries

International trade law, Trade law.